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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 XBN, a minor, by and through his guardian ad CASE NO.: 1:24-cv-00431-HBK 12 litem, ALONDRA NUNEZ, and ALONDRA NUNEZ, individually, 13 Plaintiffs, ORDER GRANTING MOTION TO 14 APPOINT GUARDIAN AD LITEM v. 15 (Doc. No. 2) UNITED STATES OF AMERICA; and 16 DOES 1 through 20, inclusive,

17 Defendants.

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19 Petitioner Alondra Nunez, through counsel, filed a motion for the Court to appoint 20 Alondra Nunez as guardian ad litem for the minor Plaintiff, XBN on April 9, 2024. (Doc. No. 2, 21 “Motion”). The Court grants the Motion. 22 Federal Rule of Civil Procedure 17 provides for a representative of a minor to sue or 23 defend on a minor’s behalf. Fed. R. Civ. P. 17(c). Similarly, the Local Rules of this Court, in 24 pertinent part, states: 25 Upon commencement of an action or upon initial appearance in defense of an 26 action by or on behalf of a minor ... the attorney representing the minor or incompetent person shall present ... a motion for the appointment of a guardian ad 27 litem by the Court, or ... a showing satisfactory to the Court that no such appointment is necessary to ensure adequate representation of the minor or 28 1 incompetent person. 2 |) Local Rule 202(a) (E.D. CA. March 1, 2022). 3 Appointment of a guardian ad litem is not a mere formality because the guardian “is 4 || authorized to act on behalf of his ward and may make all appropriate decisions in the course of 5 specific litigation.” United States vy. 30.64 Acres of Land, More or Less, Situated in Klickitat 6 || Cty., State of Wash.,

(9th Cir. 1986). The purpose of the guardian ad item is 7 to “safeguard the interests of litigants who are minors.” Robidoux v. Rosengren,

, 8 || 1181 (9th Cir. 2011). A “guardian ad litem need not possess any special qualifications,” but 9 || must “be truly dedicated to the best interests of the person on whose behalf he seeks to litigate.” 10 || AT&T Mobility, LLC v. Yeager,

(E.D. Cal. 2015) (citations 11 || omitted). 12 The court has considered the application of Alondra Nunez for appointment as guardian 13 || ad litem for XBN, the minor Plaintiff. Alondra Nunez is the mother of XBN. (Doc No. 2 at 1). 14 || Alondra Nunez has previously been appointed guardian ad litem for XBN in a related action 15 || filed in Tulare Superior County that was removed to this Court. Ud. at (5). The Court does not 16 || find any apparent conflict of interest or any other factors that demonstrate such appointment is 17 || not in the best interests of the minor Plaintiff XBN. 18 Accordingly, it is ORDERED: 19 The motion to appoint a guardian ad litem for the minor Plaintiff (Doc. No. 2) is 20 || GRANTED and Alondra Nunez is appointed guardian ad litem for the minor Plaintiff XBN for 21 purposes of this action. 22 23 54 || Dated: _ April 15.2024 Wihaw. foareh Bact HELENA M. BARCH-KUCHTA 25 UNITED STATES MAGISTRATE 6 JUDGE 27 28